RAMJI MAHTO @ KRISHNANDAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Out of nine accused persons before the learned Additional Sessions Judge III, Nalanda at Bihar Sharif, in Sessions Trial No. 212/42 of 1988/90, four appellants of the present appeal have been found guilty. Appellant nos. 1 and 2 have been convicted under Section 307 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years. They have also been found guilty and have been sentenced to undergo rigorous imprisonment for six months under Section 323 of the Indian Penal Code and to pay a fine of Rs.500/- each. Appellant nos. 3 and 4 Sudama Mahto and Surendra Mahto have been convicted under section 325 and 323 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years, and have further been convicted under Section 323 to undergo rigorous imprisonment for six months and to pay a fine of Rs.250/- each.

(2.) The prosecution case as per the FIR instituted by Janardan Prasad recorded on 29.12.86, is that on 29.12.86 at about 7.30 A.M. while he was sitting near his house, Ramji Mahto alongwith Madan Mahto and Sudama Mahto armed with lathi and garansa came to his house and began to assault him on the ground that earlier the informant had assaulted their grandfather. Ramji Mahto is said to have given a garansa blow on the head, whereas Madan Mahto gave a garansa blow on the right leg of the informant. Sudama Mahto gave a lathi blow on the hand. When the informant began to shout for help, it is said that Ramji Mahto and Sudama Mahto dragged him towards the field. It this further alleged that when his father PW 7 intervened in the matter, he too was assaulted by Madan Mahto and Ramji Mahto. In the meantime, PW 4 mother of the informant came at the place of occurrence and threw herself on her son, in order to save him, whereupon, Surendra Mahto and Madan Mahto inflicted lathi blows on her and hit her by means of butt of a gun. It is said that certain persons from the village came to the place of occurrence out of which P.W.2 and P.W.3 have been examined as witnesses in this case.

(3.) There are three injured persons, namely, the informant, his mother Pyari Devi P.W.4, and father Dumor Mahto P.W.7. This Court will take begin with the evidence of the doctor in this case. The doctor has examined Pyari Devi and found that she had got four injuries on her person. Injury no.(ii) is incised wound inflicted by garansa. As per the doctor injury nos.(iii) and (iv) were found to be inflicted by hard and blunt substance and has been termed to be simple in nature, whereas injury no.(i) indicates that there was fracture and as such the doctor has found it grievous in nature. At this juncture this Court would mention that the injuries by lathi were inflicted by Sudama Mahto and Sundar Kumar, whereas the injuries caused by sharp cutting weapon were inflicted by Madan Mahto and Ramji Mahto. The doctor has also examined the informant in this case and has found eight injuries on his person out of which injury nos.(ii), (iii) and (viii) were found to be simple in nature inflicted by sharp cutting weapon such as garansa as per the opinion of the doctor.